A-66662, MARCH 2, 1936, 15 COMP. GEN. 751

A-66662: Mar 2, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS NOT FOR APPLICATION TO PART-TIME OR INTERMITTENT EMPLOYEES PERFORMING SERVICES FOR DIFFERENT GOVERNMENT AGENCIES ON DIFFERENT DAYS OR AT DIFFERENT TIMES IF PAYMENT IS ON A PER DIEM OR FEE BASIS FOR TIME ACTUALLY EMPLOYED. 1936: THERE WAS RECEIVED YOUR LETTER OF OCTOBER 14. AS FOLLOWS: YOUR OPINION IS REQUESTED AS TO WHETHER CONSULTANTS AND OTHERS MAY BE APPOINTED. TO SEE THAT DUAL PAYMENT IS NOT MADE FOR THE SAME PERIODS OF SERVICE. THE INQUIRY IS PROMPTED BY AN OCCASIONAL NEED FOR THE SERVICES OF A CONSULTANT SUBJECT TO CALL WHEN HE MAY ALREADY BE SERVING UNDER A SIMILAR ARRANGEMENT IN ANOTHER GOVERNMENT ORGANIZATION. IT IS UNDERSTOOD THAT HIS SERVICES COULD BE LOANED ON A REIMBURSABLE BASIS WHICH MIGHT ACCOMPLISH THE SAME PURPOSE.

A-66662, MARCH 2, 1936, 15 COMP. GEN. 751

COMPENSATION - DOUBLE - PART-TIME POSITIONS UNDER DIFFERENT GOVERNMENT AGENCIES THE DUAL COMPENSATION ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 120, 582, IS NOT FOR APPLICATION TO PART-TIME OR INTERMITTENT EMPLOYEES PERFORMING SERVICES FOR DIFFERENT GOVERNMENT AGENCIES ON DIFFERENT DAYS OR AT DIFFERENT TIMES IF PAYMENT IS ON A PER DIEM OR FEE BASIS FOR TIME ACTUALLY EMPLOYED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, MARCH 2, 1936:

THERE WAS RECEIVED YOUR LETTER OF OCTOBER 14, 1935, AS FOLLOWS:

YOUR OPINION IS REQUESTED AS TO WHETHER CONSULTANTS AND OTHERS MAY BE APPOINTED, PAYABLE FROM FUNDS APPROPRIATED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, FOR INTERMITTENT SERVICE IF THEY ALREADY HOLD SIMILAR APPOINTMENTS IN OTHER GOVERNMENT ORGANIZATIONS, NOTWITHSTANDING THE PROVISION OF THE ACT OF MAY 10, 1916, 39 STAT. 120, 582, DUE CARE BEING EXERCISED, OF COURSE, TO SEE THAT DUAL PAYMENT IS NOT MADE FOR THE SAME PERIODS OF SERVICE. THE INQUIRY IS PROMPTED BY AN OCCASIONAL NEED FOR THE SERVICES OF A CONSULTANT SUBJECT TO CALL WHEN HE MAY ALREADY BE SERVING UNDER A SIMILAR ARRANGEMENT IN ANOTHER GOVERNMENT ORGANIZATION. THERE WOULD BE NO OVERLAPPING OF SERVICE, BUT HE WOULD BE AVAILABLE TO BOTH ORGANIZATIONS. IT IS UNDERSTOOD THAT HIS SERVICES COULD BE LOANED ON A REIMBURSABLE BASIS WHICH MIGHT ACCOMPLISH THE SAME PURPOSE, BUT IN SOME CASES IT WOULD BE DESIRABLE ADMINISTRATIVELY TO MAKE A DIRECT APPOINTMENT.

I HAVE READ YOUR DECISION OF SEPTEMBER 22, 1934, TO THE SECRETARY OF LABOR, A-57228, TO THE EFFECT THAT THE APPOINTMENT OF A STATE OFFICER AS A FEDERAL OFFICER IS AUTHORIZED, AND BY INFERENCE IT WOULD SEEM THAT SECTION 3 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 WOULD AUTHORIZE THE APPOINTMENT OF A FEDERAL OFFICER FOR PART TIME SERVICE.

IN DECISION OF APRIL 11, 1933, 12 COMP. GEN. 583, 584, IT WAS HELD THAT:

THE $2,000 LIMITATION FIXED BY THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 120, 582, IS APPLICABLE WHEN PAYMENT OF TWO SALARIES COVERS THE SAME OR OVERLAPPING PERIODS OF SERVICE. * * *

THE SUBMISSION IS NOT DEFINITE AS TO THE BASIS ON WHICH THE COMPENSATION IS NOW PAID IN THE EXISTING INTERMITTENT EMPLOYMENT SUBJECT TO CALL UNDER ANOTHER GOVERNMENT ORGANIZATION, OR THE BASIS ON WHICH IT IS PROPOSED TO PAY COMPENSATION UNDER THE DEPARTMENT OF THE INTERIOR. IF EITHER OR BOTH OF THE EMPLOYMENTS ARE ON A PER-ANNUM BASIS, THE DUAL-COMPENSATION STATUTE IS APPLICABLE. HOWEVER, IF THE SITUATION PRESENTED IN THE SUBMISSION MERELY MEANS THAT A CONSULTANT IS TO BE PLACED ON A LIST OF THOSE AVAILABLE TO BE CALLED FOR SERVICE WHEN NEEDED--- PAYMENT TO BE MADE EITHER ON A PER-DIEM OR FEE BASIS FOR THE PARTICULAR CALL--- THE MERE FACT OF BEING PLACED ON MORE THAN ONE SUCH LIST OF THOSE AVAILABLE FOR, AND SUBJECT TO, CALL UNDER DIFFERENT BRANCHES OF THE GOVERNMENT, WOULD NOT INVOLVE THE DUAL-COMPENSATION ACT, SUPRA, AND THE SALARY LIMIT THEREIN FIXED WOULD NOT BE APPLICABLE TO PROHIBIT ONE PERSON FROM RECEIVING COMPENSATION ON A PER-DIEM OR FEE BASIS UNDER MORE THAN ONE PART-TIME OR INTERMITTENT EMPLOYMENT FOR SERVICES PERFORMED ON DIFFERENT DAYS OR AT DIFFERENT TIMES. SEE 11 COMP. GEN. 200; ID. 260; 14 ID. 68.